After Family Court ruled it did not have jurisdiction to issue a judgment for child support arrearages, the Third Department determined that the court did in fact have jurisdiction. In a full-fledged opinion by Justice Peters, the Third Department wrote: While “Family Court is a court of limited jurisdiction, constrained to exercise only those powers […]
The Third Department reversed Family Court’s dismissal of the biological mother’s petition for custody of a child who had been placed with her sister with the biological mother’s consent. The Third Department determined the mother’s prior consent to custody did not preclude her petition and the respondent, as a nonparent, bore the responsibility to demonstrate […]
In reversing Family Court, the Third Department determined the imposition of separate and contradictory permanency goals violated Family Court Act 1089 [d] [2] [i]: At the end of the hearing, Family Court continued the children’s placement and approved petitioner’s goal of reunification as to the mother only. As to the father, the court disapproved the […]
In determining Supreme Court should have dismissed the negligence and fraudulent misrepresentations cause of action in a complaint based upon breach of contract, the Third Department wrote: “[A] simple breach of contract claim is not to be considered a tort unless a legal duty independent of the contract itself has been violated . . .[, […]
In a full-fledged opinion by Judge Graffeo, the Court of Appeals determined that a defective acknowledgment on a prenuptial agreement was the type of defect that could be cured but that the notary’s affidavit was not sufficient to cure the defect. Therefore, the prenuptial agreement was invalid. The opinion includes an extensive discussion of the statutory […]
In a full-fledged opinion by Judge Read (with a dissent by Judge Smith) the Court of Appeals determined that a contract provision which violated General Business Law 395-a (2) did not render the contract null and void and a private right of action pursuant to General Business Law section 349 did not lie for the […]
The defendant stopped in the roadway when she had the right of way and gestured to an on-coming driver to make a left turn in front of her. Plaintiff passed the defendant on the right and collided with the car making the turn. The Third Department determined defendant’s motion for summary judgment should not have […]
In ruling that the defendant school district’s motion for summary judgment in a “negligent supervision” case should have been granted, the Third Department determined the school district could not have reasonably anticipated the attack of one student upon another. The school personnel had been alerted to the possibility of an impending fight between the two […]
Plaintiff was injured when she fell from her horse. The defendant was jogging behind the horse with her dogs. Plaintiff alleged barking caused the horse to break into a canter or a run. The Third Department determined Supreme Court should have granted defendant’s motion for summary judgment. After discussing the principles underlying assumption of the […]
The Third Department determined summary judgment should not have been granted to the defendant based upon the emergency doctrine. Defendant struck the decedent’s body which was in the roadway. Although defendant slowed when she saw the brake lights and flashers on vehicles ahead of her, she continued driving at about 50 miles per hour: We […]
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